The applicant, a member of the respondent union, applied to the Commission under section 66 of the Industrial Relations Act 1979 (WA) (IR Act) seeking the establishment of an Interim Union Council for the respondent, pending the obtaining of a section 71 certificate under the IR Act.

Previously, the respondent operated under a section 71 certificate which relieved the respondent of the need to hold general elections for office bearers, as officers elected to office in the union’s federal counterpart were deemed to hold the corresponding office in the respondent. However, after alterations were made to the federal union body’s rules leading to the abolition of offices, the Registrar notified the respondent that the section 71 certificate may no longer have effect, leaving the respondent without duly elected officers.

Chief Commissioner Kenner considered the applicant's standing under s 66 of the Act and determined that the establishment of an Interim Union Council was warranted. The applicant proposed that he, along with two other elected members of the union's Committee of Management, serve as the Interim Union Council. This group would be responsible for reviewing the respondent's rules and ensuring compliance with reporting obligations, with the goal of obtaining a new s 71 certificate.

Counsel for the applicant indicated that both proposed members of the Interim Union Council consented to their roles. The Chief Commissioner found the applicant's request to be reasonable and in line with the necessary governance procedures and issued orders accordingly.

The decision can be read here.